Man charged with sexual assault

January 25, 2014

MARTINSBURG - A Martinsburg man accused of raping a 17-year-old girl at a party last year was arraigned Thursday on a felony warrant charging him with one count of second-degree sexual assault.

As of Friday, Ian Cameron Lynn, 18, of New York Avenue, remains free on $12,500 bail.

In a statement provided to police Nov. 21, 2013, Lynn alleged that another 18-year-old man, who is not identified in court records, and two unidentified juvenile boys also had sexual intercourse with the highly intoxicated juvenile.

The detective who investigated the case and Berkeley County Prosecutor Pamela Games-Neely said Friday they couldn't say whether any additional sexual assault charges might be filed in the future. They also declined to comment when asked about the identities of the three other individuals Lynn alleges also had sexual contact with the girl.

"We've not made any hard and fast decisions, and I'm not just going to comment on the nature of the evidence, because a lot of that is a technical issue. ...The second issue in this case is we go with evidence as we are presented with the evidence out there. Just because you make an accusation doesn't mean there's evidence. You have to rely on the evidence that is given to you that is admissible before the court for probable cause and eventually beyond a reasonable doubt," Games-Neely said.

Detective S.F. Doyle of the Martinsburg City Police Department said police are still trying to follow up on the case, but said, as of Friday, no additional charges have been filed.

"We've actually investigated the allegations he made (and) also the whole circumstances of the case. We've exhausted our leads on that right now. As of right now, that's the only charges, but, if there's new information, charges could definitely be brought against any other individuals who were involved in it," Doyle said.

According to court records, an officer from the Martinsburg Police Department responded Oct. 29, 2013, to Berkeley Medical Center for a report of a possible sexual assault of a juvenile. The 17-year-old girl told police that she believed she was sexually assaulted Sept. 29, 2013, while at a party a month earlier.

The girl said she recalled being at the party drinking alcohol and then waking up the next morning with no recollection of the evening, but said that she was in pain and felt as though someone had sex with her, records show.

The officer who responded to the call was provided with several pictures of people who attended the party.

Doyle conducted a follow-up interview with the alleged victim Nov. 11, 2013. The girl said she attended a party near the Gallery subdivision with two other juveniles. She said the party was attended by three other juveniles and three other persons who were 18. One of the individuals at the party was later identified as Lynn, records show.

The alleged victim told police she and several other juveniles drank a large amount of vodka and later went outside to smoke marijuana during the party. She said that after returning inside, she didn't remember anything until she awoke in her own bed in pain.

The house where the party was held is located on Station Terrace East, records show.

On Nov. 18, 2013, Doyle obtained a statement from a second girl who attended the party with the alleged victim. The witness said she and two other juveniles went to the party in September and arrived shortly after midnight. She said they met with a group of unknown males and began to drink alcohol from a bottle. The witness said she eventually fell asleep on a a couch while the alleged victim continued to drink with the other males at the party, records show.

The witness said that, at some point during the night, she woke up and believed someone was having sex on the couch, but told police that she didn't see who it was because she was facing the back of the couch, records show.

The juvenile said she awoke a little while later and saw someone having sex with the alleged victim on the couch. The witness told police she was unsure of the person's identity, records show.

Later in the morning, the witness said she woke up a third time and saw the alleged victim sitting on the lap of a man with red hair, later identified as Lynn. The witness alleged that Lynn was touching the alleged victim, who was described as being unable to talk, records show.

A short time later, the witness got the alleged victim dressed and drove her home.

Lynn was later interviewed and told police he was at the party in Martinsburg Station with three juveniles and two men who were 18. He said that sometime after midnight, another juvenile arrived with two girls he didn't know. Lynn told police he only had two shots of vodka while everyone else continued drinking. Lynn told police he was "buzzed," but could tell that both female juveniles were more intoxicated than everyone else, records show.

He said that he sat on the couch and played video games while the remainder of the group stood at the bar and continued to drink. Eventually, one of the girls went to sleep while the other remained awake, according to his statement.

Lynn told police that there came a time when he saw the alleged victim start to fall down. At that point, another 18-year-old man allegedly caught her and put her on the couch next to Lynn. The girl was described by Lynn as being awake but very intoxicated, records show.